TERMS AND CONDITIONS OF USE
TERMS AND CONDITIONS OF USE
THIRD PARTY WEBSITES
This website may provide you with links to other websites on the Internet (“Linked Sites”). The Linked Sites are not under Cyclingjunk.com’s control, and Cyclingjunk.com is not responsible for the contents of any Linked Sites, including without limitation the accuracy, copyright compliance, legality or decency of the Linked Sites or any links contained therein. These links are provided for your convenience, and do not imply endorsement of the Linked Sites by Cyclingjunk.com or any association with the operators of the Linked Sites. Your interactions with third parties associated with the Linked Sites are between you and those third parties associated with the Linked Sites. You hereby agree that Cyclingjunk.com shall not be responsible for dealings with third parties associated with the Linked Sites.
PRODUCTS, SERVICES AND SOFTWARE
Downloading software from this website does not give you title to such software, including any files, data and images incorporated in or associated with the software. Your use of any such software shall be only in accordance with the license agreement that is included with the software or presented upon download of such software. Software may not be copied, redistributed or placed on any server for further distribution. You may not sell, modify, decompile, disassemble, or otherwise reverse engineer the software.
A description to a product, service or publication on this website (including any description or reference via hyperlink) does not imply endorsement by Cyclingjunk.com of that product, service or publication. Products and software offered through this website shall be warranted, if at all, through the written license or warranty provided in connection with such product or software.
You hereby grant to Cyclingjunk.com the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, reviews or comments, advertisements or listings for products and/or services, or other information communicated to Cyclingjunk.com through this website (together, the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Cyclingjunk.com will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Cyclingjunk.com operations.
You agree that all Submissions provided on this website are the sole responsibility of the person or entity from which the Submission originated, and that you are responsible for each Submission that you post on this website. As Cyclingjunk.com may make modifications of this website, you agree that Cyclingjunk.com may at any time delete, refuse or move Submissions posted to the website for any reason.
NO UNLAWFUL OR PROHIBITED USE
The website may contain communication services such as bulletin boards, chat rooms, news groups, communities, personal web pages, group calendars, electronic mail postings, and other public forums. You agree to post messages only if they are relevant to the intended subject matter of the forum.
You agree that you will not:
· Post messages that are inappropriate, unlawful, threatening, obscene, vulgar, pornographic, profane, indecent, defamatory, libelous, abusive, or a violation of the legal rights (including, without limitation, privacy and publicity rights) of others.
· Violate the copyright, trademark, or other intellectual property rights of any other person or entity.
· Upload any files containing viruses, corrupted files, or any other component that may be harmful to the operation of another’s computer.
· Improperly assume or claim the identity, characteristics, or qualifications of another person.
· Conduct or forward surveys, contests, pyramid schemes, or chain letters.
· Harvest or otherwise collect information about others, including, without limitation e-mail addresses, without their consent.
· Attempt to gain access to any portion of this website, any computer, server, account, network, software, or hardware associated with this website, from which you are restricted.
· Violate any applicable laws or regulations.
· Disrupt the normal flow of dialogue, cause a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this website.
· Post Submissions or any other content using any manual or automatic posting tools other than those provided by Cyclingjunk.com without express written consent from Cyclingjunk.com.
· Post hyperlinks to other websites that contain content that falls within the descriptions set forth above.
Cyclingjunk.com is not obligated to monitor the communications contained on the website. However, Cyclingjunk.com may, at its sole discretion edit, decline to post, or remove any information or materials or any portion thereof. You agree that you will create only one account for use of this website, and that business entities are only entitled to one account for use with this website.
This website is not intended for children under the age of 13. By using this website, you affirm that you are at least 13 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms and agree to comply with the Terms. If you are under 13, please do not provide Submissions or otherwise use this website.
Any user names and/or passwords used for this website are for individual use only. You will be responsible for the security of your user name and/or password (if any). Cyclingjunk.com will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Cyclingjunk.com considers insecure, Cyclingjunk.com will be entitled to require the password to be changed and/or terminate your account.
You agree to provide true, accurate, current and complete information on this website for use in any program or service in which you participate through this website. If you provide to Cyclingjunk.com any information that is false, inaccurate, out of date, or incomplete, or Cyclingjunk.com has reasonable grounds to suspect that such information is false, inaccurate, out of date, or incomplete, Cyclingjunk.com may suspend or terminate your access to this website and the services thereof, and may refuse any and all current or future use of the services.
NO REPRESENTATIONS OR WARRANTIES
Cyclingjunk.com makes no representations or warranties that this website if free of defects, viruses or other harmful components. Cyclingjunk.com shall not be responsible for any damages or loss that may result from the hacking or infiltration of this website or Cyclingjunk.com’s computer systems. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE AND YOU AGREE TO HOLD CYCLINGJUNK.COM HARMLESS FROM, AND YOU COVENANT NOT TO SUE CYCLINGJUNK.COM FOR, ANY CLAIMS BASED ON THE USE OF THIS WEBSITE, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS WEBSITE. The pages on this website may contain technical inaccuracies, outdated information and typographical errors. ACCESS TO THIS WEBSITE IS PROVIDED FREE OF CHARGE AS A COURTESY. HOWEVER, ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” CYCLINGJUNK.COM DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. CYCLINGJUNK.COM MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, PRODUCTS OR SERVICES CONTAINED IN OR OBTAINED THROUGH THE WEBSITE FOR ANY PURPOSE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES; THESE EXCLUSIONS MAY NOT APPLY TO YOU.
DISCLAIMER OF LIABILITY
As the Cyclingjunk.com website is a place for users to post advertisements and listings of goods and services for sale, you agree that this site merely acts as a conduit for persons to conduct sales and for buyers to purchase sellers' goods. Cyclingjunk.com has no control over the quality, safety or legality of the user-posted Submissions, the truth or accuracy of the Submissions, the ability of sellers to sell items or the ability of buyers to buy items. Cyclingjunk.com cannot and does not control whether or not sellers will complete the sale of items they offer. Cyclingjunk.com cannot and does not control whether or not buyers will complete the purchase of items they have bid on. Because Cyclingjunk.com does not and cannot control the action of others, in the event that you have a dispute with one or more buyers or sellers, you hereby release Cyclingjunk.com (and our agents and employees and any third party partners and/or licensees of Cyclingjunk.com) from all claims, demands and damages (actual and consequential) of any kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such a claim or demand. If you are a resident in a state which restricts the effect of a general release, you hereby waive any such provision to the fullest extent allowable by law and agree that this release of liability shall apply to this agreement to the fullest extent possible.
The information provided on this website is provided "as is" or "as available" and Cyclingjunk.com makes no representations or warranties, expressed or implied, to any actual or prospective purchaser or owner of any item as to the existence, ownership, or condition of the item or as to the accuracy or completeness of any information about the item contained in this service. You acknowledge that any reliance upon any such materials shall be at your sole risk, and that Cyclingjunk.com will not be liable in any way for Submissions or for any loss or damage of any kind incurred as a result of the use of any Submissions posted, emailed or otherwise made available through the use of this website..
UNDER NO CIRCUMSTANCES SHALL CYCLINGJUNK.COM OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER THAT MAY RESULT FROM THE USE OF OR THE INABILITY TO USE THIS WEBSITE, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF EMAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CYCLINGJUNK.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTIAL DAMAGES; CYCLINGJUNK.COM’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
If you are dissatisfied with any portion of the website or the associated services, your sole remedy is to cease using them.
You agree to defend, indemnify, and hold harmless Cyclingjunk.com and its employees, agents, directors, officers and shareholders, from and against all liabilities, claims, damages, and expenses (including without limitation reasonable attorneys’ fees and costs) arising out of your use of this website, any Submissions that you post on this website, your breach of this agreement, or your infringement of the intellectual property rights of third parties.
Cyclingjunk.com reserves the right to terminate your access to the website or to any or all of its services at any time without notice for any reason whatsoever. Cyclingjunk.com shall not be held liable to you or any third-party for any termination of your access to this website.
TRADEMARKS AND COPYRIGHTS
Trademarks, service marks, and logos appearing in this website are the property of Cyclingjunk.com or the party that provided the trademarks, service marks, and logos to Cyclingjunk.com. Cyclingjunk.com and any party that provided trademarks, service marks, and logos to Cyclingjunk.com retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this website.
All content on this website whether provided by Cyclingjunk.com or through links to Linked Sites is the copyrighted work of Cyclingjunk.com and/or the owner(s) of the Linked Sites. Except as stated herein, none of the contents of the website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Cyclingjunk.com or the owner(s) of the Linked Sites.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent.
PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS
In accordance with the Digital Millennium Copyright Act (DMCA), Cyclingjunk.com has designated an agent to receive notice of unauthorized online use of copyrighted materials. If you believe that your copyrighted work is being infringed, please notify our copyright agent specified below.
E-mail may be sent to: [email protected]
Please notify us in writing and include all of the following:
· Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.
· Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Cyclingjunk.com to locate the material.
· Information reasonably sufficient to permit Cyclingjunk.com to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
· A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
· A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
· A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Nothing on this website shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of Cyclingjunk.com or any third party, whether by estoppel, implication, or otherwise. All trademarks and trade names are the property of their respective owners. Except as otherwise notes, Cyclingjunk.com is the owner of all trademarks and service marks on this website, whether registered or not.
Cyclingjunk.com’s performance of this Agreement is subject to existing laws and legal process. Nothing contained in this Agreement is in derogation of Cyclingjunk.com’s right to comply with governmental, court and law enforcement requests relating to your use of the website, or information collected by Cyclingjunk.com in connection with such use.
Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this website is strictly prohibited. Cyclingjunk.com reserves all legal rights and remedies available to it and this disclaimer shall in no way be deemed a limitation or waiver of any other rights Cyclingjunk.com may have.
All rights not expressly granted herein are reserved exclusively and entirely to Cyclingjunk.com.
Questions about our products should not be directed to this email and will not be replied to.
This document was last revised on 9/05/2016.
Unless otherwise indicated, all material on this website © 2016 Cyclingjunk.com.
All rights reserved.